Madras High CourtWP(MD)/9188/2016disposed of

K.Senthilkumar, S/O.Krishnan, v. The Superintendent Of Police,

2016-05-11Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2016

CORAM

THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P.(MD) No.9188 of 2016 K.Senthilkumar ... Petitioner -vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents to grant permission and protection for Adal Padal Program perform in "Vaigasi Vishaga Thiruvizha" scheduled to be held on 12.05.2016 at 8.00 p.m., to 11.30 p.m., at Arulmigu Sri Aathmanathaswamy Thirukovil at Subramaniapuram Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation dated 04.05.2016. For Petitioner:Mr.R.Muthamil Rajan For Respondent:Mr.D.Muruganandam Addl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondent to grant permission and protection for Adal Padal Program perform in "Vaigasi Vishaga Thiruvizha" scheduled to be held on 12.05.2016 at 8.00 p.m., to 11.30 p.m., at Arulmigu Sri Aathmanathaswamy Thirukovil at Subramaniapuram Village, Aranthangi Taluk, Pudukkottai District, by considering the petitioner's representation, dated 04.05.2016.

2. Learned counsel for the petitioner would submit that the villagers jointly decided to conduct cultural function viz., Adal Padal Program perform in "Vaigasi Vishaga Thiruvizha" scheduled to be held on 12.05.2016 at 8.00 p.m., to 11.30 p.m., at Arulmigu Sri Aathmanathaswamy Thirukovil at Subramaniapuram Village, Aranthangi Taluk, Pudukkottai District. He would further submit that in this connection, a representation was given to the respondent police on 04.05.2016, with a request to grant permission to conduct the programme on the above said date. However, the respondents have not yet considered the said representation and hence, the petitioner is before this Court with this Writ Petition.

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3. Heard the learned counsel on either side.

4. This Court is aware of the fact that the Election Commission of India has announced elections to the State Assembly on 16.05.2016 and therefore, the Police will be under much strain. Under such circumstances, it will not be advisable to grant permission for such programmes, if there are going to be a law and order problem.

5. However, in view of the limited scope of prayer sought for in this petition, the respondent police are directed to pass orders on merits and in accordance with law either permitting or rejecting the representation dated 04.05.2016, given by the petitioner, taking into account the law and order problem and other aspects, prevailing in that area, as expeditiously as possible.

With the above direction, this Writ Petition is disposed of. Sd/ Vacation Officer /True Copy/ Sub Assistant Registrar.

To:

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

+1CC to the Special Government Pleader, SR.No. 26177 W.P.(MD) No.9188 of 2016 11.05.2016 AM/JGB.SS/SAR-I/12.05.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/